Equality and diversity in employment policy
Pear Tree Mead Academy
This policy was written in: / Summer Term 2017
School staff were consulted on this document on: / Summer Term 2017
It was accepted by the F & P/PCC committee on: / Summer Term 2017
It was ratified by the Governing Body on: / Summer Term 2017
The policy is due for review in: / Summer Term 2018
Monitoring and Evaluation
Monitoring is the responsibility of the head teacher, named governor and teacher with responsibility for the implementation of the policy. Governors will assess the effectiveness of the aims, content and methods through committee meetings and by identifying and carrying out appropriate monitoring activities.
EquaEmployment Policy
A Model for Schools & Academies
Equality and diversity in employment policy
Changes to the policy – October 2013
The mainchanges are detailed below:
Item No / Heading / Change details8.1 / Third party harassment. / Removal of this provision following the repeal of s40 Of the Equality Act by s.65 of the Enterprise and Regulatory Reform Act 2013.
Equality and Diversity in Employment Policy
A model for Schools/Academies
This Essex County Council model policy and guidance was
First issued ...... September 2002
This issue was released on ...... October 2013
School/Academy staff were consulted on this document and it was accepted by the Personnel Committee on
It was ratified by the Governing Body:......
Essex County Council, HR Service
County Hall, Chelmsford
Essex, CM2 6WN
© Essex County Council, HR Service
Copies may be made without prior permission by any establishment purchasing this model procedure from Essex County Council provided such copies are used solely with that establishment and acknowledgement is given. For copying or use in any other circumstances, prior written permission must be obtained from the County Council
Equality and diversity in employment policy
Contents
1.Statement of intent
2.Objectives of the policy
3.Responsibilities
4.Monitoring
5.Legal Definitions
5.1Direct discrimination
5.1.1Associative discrimination
5.1.2Perceptive discrimination
5.2Indirect discrimination
5.3The Protected Characteristics
5.3.1Age
5.3.2Disability
5.3.3Gender reassignment
5.3.4Marriage and civil partnership
5.3.5Pregnancy and maternity
5.3.6Race
5.3.7Religion or belief
5.3.8Sex
5.3.9Sexual orientation
5.3.10Equal pay
5.3.11Pay secrecy
6.Occupational requirements
7.Positive action
8.Harassment, bullying and victimisation
9.Complaints
Appendix A Supporting organisations and documentation
Appendix B
Staffing Regulations 2009 - Guidance on Managing Staff Employment in Schools. Chapter 9 - Staff at Schools with a Religious Character
1
Equality and diversity in employment policy
1.Statement of intent
The school/academy recognises the value of, and seeks to achieve, a diverse workforce which includes people from differing backgrounds, with different skills and abilities. The school/academy will take positive steps to create an employment culture through its governing body, managers and other employees, workers and volunteers, in which people can feel confident of being treated with fairness, dignity and tolerance, irrespective of their individual differences. This commitment extends to the whole school/academy community and others connected with it. This policy complements other equalities policies within the school/academy.
2.Objectives of the policy
The school/academy will uphold its obligations under law not to discriminate in any of its activities against employees or applicants for employment on the grounds of their sex, sexual orientation, marriage and civil partnership, disability, race (which includes colour, nationality and ethnic or national origins) age, religion or belief. The protected characteristics within the Equality Act 2010 are given in Section 5.
The school/academy further seeks to ensure fair treatment to all jobseekers and employees on employment matters whether or not their personal circumstances and differences are covered by the law and to consider the practicality of accommodating the particular needs of all groups.
The school/academy has in place a range of policies, procedures and practice in relation to recruitment, selection, employment, training and development which support and compliment its Equality and Diversity in Employment Policy and it will operate these in a way which is consistent with the objectives of this Policy. The school/academy will provide training to ensure that everyone understands the Equality and Diversity in Employment Policy and the legal position underpinning it.
Behaviour or actions by members of staff against the spirit and/or the letter of the law or this policy will be considered serious disciplinary matters and may, in some cases, lead to dismissal.
This policy deals with matters of employment in the broadest sense, and this includes the protection of staff from harassment, discrimination or victimisation by any member of the school/academy community or other persons connected with it.
3.Responsibilities
It is recognised that everyone influences how equality is achieved and that everyone has a responsibility to uphold the law and principles of equality of opportunity. In addition to these general responsibilities, there are other specific responsibilities.
The Governing body has responsibility for:
- supporting the implementation of the equality anddiversity in employment policy;
- ensuring employment and recruitment policies and practice are non-discriminatory in word and operation;
- collating, analysing and monitoring policy and practice, initiating appropriate action;
- ensuring complaints are investigated and dealt with effectively;
- ensuring appropriate training takes place for governors and employees.
Headteacher/principal and other managers have responsibility for:
- ensuring that the equality anddiversity in employment policy is implemented in employment and management practices;
- ensuring the policy is brought to the attention of all employees/workers/volunteers and that they all receive appropriate training;
- encouraging good practice and dealing appropriately with breaches of this policy;
- monitoring the operation of relevant policies and procedures;
- a member of the senior management team is the nominated lead on equalities issues.
All employees, volunteers and workers have a responsibility to:
- act within equal opportunities legislation and to comply with the school/academy policy;
- take part in training and comply with measures introduced to ensure equal opportunities and non-discrimination;
- report to their line manager, or other appropriate person, any breaches of this policy enacted against him/herself or another person by another employee, pupil or another person connected with the business of the school/academy.
4.Monitoring
The school/academy recognises that equality of opportunity can only be achieved by monitoring what is actually happening and then using this information to modify and improve future practice. The school/academy will monitor the application of its policies and procedures and their impact on staff and applicants and revise them as necessary. In accordance with the Data Protection Act, all data will be used in such as way as to preserve anonymity.
The new single Equality Duty (which comes into force 6 April 2011) covers the protected characteristics of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
In accordance with the general duty, the school will be proactive in theelimination of discrimination, harassment, victimisation and any other conduct that is unlawful under the Act; the advancement of equality of opportunities and fostering good relations between employees.
In accordance with the specific duty, the school (if employing 150 or more employees) will publish information on its policies and practicesthat have had an effect on its employeesin its annual reports by no later than 31 December 2011.
5.Legal Definitions
5.1Direct discrimination
Direct discrimination occurs when someone is treated less favourably than another person because of a protected characteristic they have or are thought to have (perceptive discrimination see 5.1.1) or because they associate with someone who has a protected characteristic (associative discrimination see 5.1.2).
No-one will be directly or indirectly discriminated against on the grounds of their:
- Age
- Disability or health
- Gender re-assignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race (which includes ethnic origin; colour or nationality);*
- Religion or belief
- Sex
- Sexual orientation
* other than as allowed for by legislation in schools/academies with a religious character, whereby certain regard and preferences may be given in certain circumstances in respect of appointment, remuneration, promotion and termination. See Appendix B.
5.1.1Associative discrimination
Associative discrimination is discrimination against a person because they have an association with someone with a ‘particular protected characteristic’. Associative discrimination applies to race, religion, belief and sexual orientationage, disability, gender reassignment and sex.
5.1.2Perceptive discrimination
Perceptive discrimination is discrimination against a person because the discriminator thinks the person possesses that characteristic, even if in fact, they do not. Perceptive discrimination applies to age, race, religion, belief, sexual orientation, disability, gender reassignment and sex.
5.1.3Proportionate means of meeting a legitimate aim
Indirect discrimination can be justified if you can show that you acted reasonably in managing your school i.e. that it is `a proportionate means of achieving a legitimate aim´.
A legitimate aim might be any lawful decision you make in running your school, but if there is a discriminatory effect, the sole aim of reducing costs is likely to be unlawful. Being proportionate really means being fair and reasonable, including showing that you have looked at `less discriminatory´ alternatives to any decision you make.
Example - the long term aim of reducing inequality between men’s and women’s pay is always to be regarded as a legitimate aim for the purposes of justifying pay practices that indirectly discriminate against women. Therefore, short term pay protection schemes introduced with the aim of removing long-term inequalities in pay may be capable of being objectively justified, provided that their use is a proportionate way of achieving that aim.
5.2Indirect discrimination
Indirect discrimination can occur when a condition, rule, policy or even a practice in the school/academy is applied to everyone but particularly disadvantages people who share a protected characteristic. Indirect discrimination can be justified if the school/academy can show it acted reasonably, for example that it is a ‘proportionate means of achieving a legitimate aim’. (See 5.1.3)
Indirect discrimination applies to age, race, religion or belief, sex, sexual orientation, marriage and civil partnership, disability discrimination and gender reassignment.
5.3The Protected Characteristics
While the school/academy is committed to not discriminating on any grounds, there are “certain protected characteristics” in law. The following defines the protected characteristics under the Equality Act.
5.3.1Age
The Act protects people of all ages from unlawful discrimination,
Direct discrimination - treating someone less favourably because of their actual or perceived age, or because of the age of someone with whom they associate. E.g.advertising for job applicants less than 25 years only. This treatment can only be justified if it is a proportionate means of achieving a legitimate aim.
Indirect discrimination – can occur where there is a policy, practice or procedure which applies to all employees, but particularly disadvantages people of a particular age. For example, a requirement for job applicants to have worked in a particular industry for 10 years may disadvantage younger people. Indirect discrimination can only be justified if it is a proportionate means of achieving a legitimate aim.
The Act continues to allow employers to have a default retirement age of 65 until April 2011.
5.3.2Disability
Under the Act, a person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities, which would include things like using a telephone, reading a book or using public transport. Long term means that the impairment has lasted or is likely to last for at least 12 months or for the rest of the affected person’s life. Substantial means more than minor or trivial.In most circumstances, a person will have the protected characteristic of disability if they have had a disability in the past, even if they no longer have the disability.
Employers must make reasonable adjustments in the recruitment and employment of disabled people. This can include, for example, adjustments to recruitment and selection procedures, to terms and conditions of employment, to working arrangements and physical changes to the premises or equipment. In assessing the reasonableness of the adjustment, the employer will consider:
- proportionality and impact of the adjustment on the role
- the costs/financial support available
- medical opinion from the employee’s doctor and the occupational health advisor.
- impact on the operational requirements of the school.
Direct discrimination – treating someone less favourably than other employees due to an actual or perceived disability, or because they associate with a disabled person.
Indirect discrimination – An example would be where an individual has a tendency to make spelling mistakes arising from dyslexia. This type of discrimination is unlawful where the employer or other person acting for the employer knows, or could reasonably be expected to know that the person has a disability. This type of discrimination is only justifiable if an employer can show that it is a proportionate means of achieving a legitimate aim. Indirect discrimination can only be justified if it is a proportionate means of achieving a legitimate aim.
Note: In accordance with the new Act, employers may not request information concerning an individual’s sickness and attendance record prior to the selection stage. Once the preferred candidate has been selected, then sickness and attendance records can be obtained from the referee and applicant, as part of the pre-employment checks prior to a firm offer. The interview panel may not ask general questions about the individual’s sickness and attendance record but may ask relevant questions to establish whether the applicant will be able to carry out a function that is intrinsic (e.g. majority of the work involves manual handling) to the work concerned once reasonable adjustments are in place;
5.3.3Gender reassignment
The Act defines gender reassignment as a protected characteristic. This applies to people who are proposing to undergo, are undergoing, or have undergone a process (or part of a process) to reassign their sex by changing physiological or other attributes of sex. Gender reassignment is a personal process, that is moving away from one’s birth sex to the preferred gender, rather than a medical process.
Protection is provided where, as part of the process of reassigning their sex, someone is driven by their gender identity to cross-dress, but not where someone chooses to cross-dress for some other reason.
In order to be protected under the Act, there is no requirement for a transsexual person to inform their employer of their gender reassignment status. However, if an employee is proposing to undergo gender reassignment or is still in the process of transitioning, they may want to discuss their needs with their employer so the employer can support them during the process.
Where an individual has been diagnosed as having ‘gender dysphoria’ or ‘gender identity disorder’ and the condition has a substantial and long term adverse impact they may also be protected under the disability discrimination provisions of the Act.
Direct discrimination – treating someone less favourably than other employees because of their gender reassignment, whether actual or perceived, or because they associate with someone who intends to undergo, is undergoing or has undergone gender reassignment.
Indirect discrimination – An example would be where an employer starts an induction session for new staff with an ice-breaker designed to introduce everyone in the room to the others. Each employee is required to provide a picture of themselves as a toddler. One employee is a transsexual woman who does not wish her colleagues to know that she was brought up as a boy. When she does not bring in her photo, the employer criticises her in front of the group for not joining in. It would be no defence that it did not occur to the employer that this employee may feel disadvantaged by the requirement to disclose such information. Indirect discrimination can only be justified if it is a proportionate means of achieving a legitimate aim.
5.3.4Marriage and civil partnership
The Act protects employees from discrimination on the grounds of being married or in a civil partnership.
Marriage will cover any formal union of a man and woman which is legally recognised in the UK as a marriage. A civil partnership refers to a registered civil partnership under the Civil Partnership Act 2004, including those registered outside the UK.
Only people who are married or in a civil partnership are protected against discrimination on this ground. The status of being unmarried or single is not protected. People who only intend to marry or form a civil partnership, or who have divorced or had their civil partnership dissolved, are not protected on this ground.
Direct Discrimination - treating someone less favourably than other employees on the grounds of them being married or in a civil partnership, actual or perceived, or because they are associated with a person who is married or in a civil partnership.
Indirect Discrimination –An example of this could be where an applicant for a job is treated less favourably because it is considered that they will not be as committed to the job as a single person because they have marital or partnership commitments.
5.3.5Pregnancy and maternity
A woman is protected against discrimination on the grounds of pregnancy and maternity during the period of her pregnancy and any maternity leave to which she is entitled. During this period, pregnancy and maternity discrimination cannot be treated as sex discrimination.
Direct discrimination – treating someone less favourably because of their actual pregnancy or perceived pregnancy, or because of the pregnancy of someone with whom they associate.
Indirect discrimination - An example could be where an employee has been off work because of pregnancy complications since early in her pregnancy. Her employer has dismissed her in accordance with the sickness absence management policy. This policy is applied regardless of sex. The dismissal is unfavourable treatment because of her pregnancy and would be unlawful even if a man would be dismissed for a similar period of sickness absence, because the employer took into account the employer’s pregnancy related sickness absence in deciding to dismiss. Indirect discrimination can only be justified if it is a proportionate means of achieving a legitimate aim.